Question about distribution


#1

I cannot answer this question without reviewing all the facts of your case. If you have a child and he makes more money than you you should be entitled to child support, and you can pursue this through child support enforcement.

I am not sure what you mean when you say your property order is in the form of an ex parte, can you tell me more about what you mean?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

He filed for an ex-parte when we separated. Meaning he has custody of the children right now until custody is decided by the court. It states in there that neither of us can destroy any property, I’m assuming that means that since he is still in the marital home, he can’t take anything out or destroy it until property is settled. I’m just wondering if it will hurt me by not paying his credit card bills. I don’t want to do anything to screw myself. Currently, he has the home, my primary vehicle that I drove for 4 years and everything that was in the home when we separated. I read that the judges consider actions taken to maintain property before it is divided either unequally or equally, and I don’t want it to hurt me when it comes that time.


#3

are the credit cards in both names? does that make a difference anyone?


#4

Yes, his name is primary on each card. The only reason my name is on them is so I could pay them online.


#5

Have you already had a hearing regarding the ex parte with both parties present? Generally that must occur within ten days of the day the ex parte is initially issued. If the order does not require you to pay the credit cards you do not have to do so, however if you are the supporting spouse, you may be jeopardizing your interests by not paying these cars. As far as giving him the truck and purchasing a new car, is there any reason you can’t drive the truck until this is resolved?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Yes, we “sort-of” had a hearing about the ex-parte. Our lawyers got together before a judge and agreed on a temporary custody situation. After that was done we entered into mediation about custody only and nothing was agreed upon. Therefore we will go to court. As far as the ex-parte is concerned, I really don’t know what’s going on with it. The only thing stopping me from continuing to drive his vehicle is that it is in need or several repairs. I had to get new tires for it almost immediately after he left it in my possession (he was kind enough to split the cost tho) and now it needs new brakes, and the back glass window in it has to be replaced because it leaks when it rains. Those repairs along with the monthly cost of gas is just way beyond my reach. Especially when those things needed to be done BEFORE it was in my possession.

No, I am not the primary source of income. He makes about 15-20k more per year than I do. I have been paying those cards of his since august of last year. It was not a problem until I moved out, now it’s a major strain. I just want to make sure that I’m not screwing myself legally by stopping the payments and returning the truck to his possession. We will have to go to court over distribution because we can’t seem to agree on that either. He thinks he should keep the house, along with everything in it (I can have some furniture and some personal items and decorations) while I continue to pay 30k in marital debt. When it comes time for court, I don’t want to be told that I neglected my obligations to pay his credit cards and therefore get screwed…I want to do the right thing legally, I just don’t know what that is.


#7

If you already have an attorney, I would recommend that you rely on the advice they have given you regarding this. Your attorney is aware of all the facts in your case and can give you specific advice related to your case. Even if you give him back the truck there will still be a cost associated with a new vehicle, the court may not look favorably at you turning in the vehicle and incurring the cost of a new one. I cannot give you an opinion regarding the credit cards without reviewing the facts of your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

My husband and I separated on Dec 1. He took the keys to my car, and a few days later (after he got an attorney) gave me his car to drive. Both vehicles are paid for, his name is on the car he gave me, and his name is primary on the car I had (mine is secondary). I left the primary residence, so he’s living there and I have not received anything except for my clothes and personal items. However, I am now spending about 600 per month in gas, and still paying two of his credit card bills, which total about 700 per month. We do have a separation agreement, but it is in the form of an ex-parte. Nothing in there specifically states anything about distribution, only that neither he or I can destroy any property. My question is, since he won’t agree to sign a vehicle over to me so I can trade it in, can I park his truck at his house, stop paying his credit card bills, and buy myself a new car? I don’t want to hurt myself legally by doing that, but the fact of the matter is I don’t know how long it will be before we settle property, and I just don’t make enough money to continue those payments, support myself, and pay for childcare at the same time.